Marginal note:Deemed sale price

• 58. (1) Notwithstanding any other provision of this Act other than subsections 52(5) and (6), for the purposes of this Part and Part III, where goods that were manufactured or produced, or deemed to have been manufactured or produced, in Canada are sold or deemed to be sold, or the property therein is otherwise transferred, by the manufacturer or producer thereof to a person with whom the manufacturer or producer was not dealing at arm’s length at the earlier of the time the goods were delivered or property in the goods passed to that person for no sale price or for a sale price that is less than the sale price (in this subsection referred to as the “reasonable sale price”) that would have been reasonable in the circumstances if the manufacturer or producer and that person had been dealing at arm’s length at that time, the manufacturer or producer shall be deemed to have sold the goods at that time for the reasonable sale price.

• Marginal note:Idem

  (2) Notwithstanding any other provision of this Act, for the purposes of this Part and Part III, where a licensed wholesaler has purchased goods from, or property in goods has otherwise been transferred to a licensed wholesaler by, a person with whom the licensed wholesaler was not dealing at arm’s length at the earlier of the time the goods were delivered or property in the goods passed to the licensed wholesaler for no price or for a price that was less than the price (in this subsection referred to as the “reasonable price”) that would have been reasonable in the circumstances if the licensed wholesaler and that person had been dealing at arm’s length at that time and the goods were not imported by the licensed wholesaler, the licensed wholesaler shall be deemed to have purchased the goods at that time for a price equal to the reasonable price.

• Marginal note:Idem

  (3) Notwithstanding any other provision of this Act, for the purposes of this Part and Part III, where a person has purchased or imported goods as described in subsection 68.19(1) or for a use rendering the purchase or importation exempt from tax under Part III or this Part and that person, under circumstances rendering him liable to pay the tax imposed by Part III or this Part, sells the goods or is deemed to sell the goods, or the property therein is otherwise transferred, to another person with whom he was not dealing at arm’s length at the time of the sale or transfer for no sale price or for a sale price that is less than the sale price (in this subsection referred to as the “reasonable sale price”) that would have been reasonable in the circumstances if they had been dealing at arm’s length at that time, that person shall be deemed to have sold the goods at that time for the reasonable sale price.

Marginal note:Definitions

• 58.1 (1) In this Part,

  “assessment”

  « cotisation »

  “assessment” means an assessment under subsection 81.1(1) and includes a variation of an assessment and a reassessment;

  “Board”

  “Board”[Repealed, R.S., 1985, c. 47 (4th Supp.), s. 52]

  “Department”

  “Department”[Repealed, 1999, c. 17, s. 149]

  “Deputy Minister”

  “Deputy Minister”[Repealed, 1999, c. 17, s. 149]

  “fiscal half-year”

  « semestre d’exercice »

  “fiscal half-year” means a fiscal half-year as determined under subsection 78(1.1).

  “fiscal month”

  « mois d’exercice »

  “fiscal month” means a fiscal month as determined under subsection 78(1);

  “fiscal year”

  « exercice »

  “fiscal year” of a person means the same period that is the person’s fiscal year under Part IX.

  “month”

  « mois »

  “month” means a period beginning on a particular day in a calendar month and ending on

  • (a) the day immediately before the day in the next calendar month that has the same calendar number as the particular day, or

  • (b) if the next calendar month does not have a day that has the same calendar number as the particular day, the last day of that next calendar month;

  “reporting period”

  « période de déclaration »

  “reporting period” means a reporting period as determined under section 78.1.

  “Tribunal”

  « Tribunal »

  “Tribunal” means the Canadian International Trade Tribunal established by subsection 3(1) of the Canadian International Trade Tribunal Act.

• Marginal note:Same meaning

  (2) Words and expressions used in this Part in connection with a tax under any other Part have the same meaning as in that other Part unless the contrary intention appears.

• Marginal note:Remittance

  (3) Unless the contrary intention appears, any reference in this Part to “pay” or “payment”, in relation to taxes imposed under this Act, shall be construed as including, in relation to taxes imposed under Part II or II.2, a reference to “remit” or “remittance”, and other parts of speech and grammatical forms of those words shall be construed in a corresponding manner.